Study on the Authority of the Judicial Commission of the Republic of Indonesia: Analysis of Regulation and Implementation in Maintaining and Enforcing Honor, Dignity and Judicial Behavior
The third amendment of the 1945 Constitution carried the consequences of the establishment of the Judicial Commission as one of the state institutions as a form of the mandate of Article 24B of the 1945 Constitution. The regulation of the authority of the Judicial Commission is further stipulated by Law Number 22 Year 2004 concerning the Judicial Commission and in the relevant laws related to Judicial Power. It turned out that the existing rules have some issues especially the existence of expansion and addition of norms of Judicial Commission’s authority that is inconsistent with Article 24B of the 1945 Constitution.
These inconsistencies in practice resulted in a prolonged polemic and which caused the relationship between the Judicial Commission and the Supreme Court to be strained, which led to the uncertainty in ethical judge enforcement and this issues had been petitioned for judicial review several times in the Constitutional Court.
Based on this background, Mustamar conducted a research with a focus on the synchronization of rules and the exercise of the authority of the Judicial Commission. The purpose of this study is to seek answers to the honor, dignity and judicial behavior, including finding alternative ways of independence of judges by proposing the transformation of the Judicial Commission into the Ethics Court as one of the pinnacles of powers especially in charge of ethics on law enforcers and state officials.
Mustamar succeeded in defending his dissertation entitled “Study on the Authority of the Judicial Commission of the Republic of Indonesia: Analysis of Regulation and Implementation in Maintaining and Enforcing Honor, Dignity and Judicial Behavior” in front of the Chair of the Session. Dr. Rosa Agustina, SH, MH, with Promoter Prof. Dr. Jimly Asshiddiqie, SH, Co-promoter Prof. Dr. Eman Suparman, S.H., M.H., Dr. Fatmawati, S.H., M.H., dan Anggota Penguji Prof. Dr. Rosa Agustina, S.H., M.H., Prof. Valerine J.L. Kriekhoff, S.H., M.A., Prof. Dr. Satya Arinanto, S.H., M.H., Prof. Dr. Takdir Rahmadi, S.H., LL.M., Dr. Jufrina Rizal, S.H., M.A., and Dr. Supandi, S.H., M.Hum. on Friday, July 13, 2018 at the Djokosoetono Auditorium, FHUI, UI Campus, Depok.
After presenting his dissertation and answering questions from the board of examiners, Mustamaw was awarded the title of Doctor of Legal Studies with a satisfactory predicate.
